AUGUST 2026 – ARTICLES & ITEMS OF INTEREST
LSRA PUBLISHES MEASURES TO ENSURE BARRISTERS ARE PAID IN A TIMELY MANNER
On the 28 August 2026 the LSRA published measures to ensure barristers are paid in a timely manner. The measures were developed and agreed by The Bar of Ireland and the Law Society, with the LSRA.
These measures directly support one the LSRA’s recommendations aimed at improving access to the legal professions.
The obligations set out in the measures form part of the respective Codes of Conduct that apply for both solicitors and barristers.
To view the measures, see LSRA publishes measures to ensure that barristers are paid fees in a timely manner – Legal Services Regulatory Authority
PRACTICE DIRECTION ON THE USE OF AI IN COURT DOCUMENTS
On the 4 August 2026, the Irish Legal News published an article advising that the President of the High Court, David Barniville, has issued a practice direction on the use of generative AI in court documents. The direction provides guidance on the court’s expectations concerning its appropriate and responsible use and establishes a verification requirement for any material before the court created using generative AI.
Coming into operation from 1 September 2026, practice direction HC 142 applies to all documents used in civil proceedings and to all persons involved in those proceedings be they legal practitioners, witnesses, experts or the parties to the proceedings. The general approach is that any use of generative AI tools “must be appropriate and undertaken responsibly and with due care so as not to adversely affect the integrity of court processes and the proper administration of justice”.
There is also a duty to disclose, where directed, whether generative AI tools were used in connection with the preparation of a court document. Failure to comply with the practice direction may lead to adverse costs or striking out of a claim. Legal practitioners who fail to comply may be subject to referral to the Legal Services Regulatory Authority.
To view this article in full see High Court practice direction imposes verification requirement on use of generative AI | Irish Legal News and to view the practice direction see Courts.ie – Practice Directions Courts.ie – Practice Directions
WARNING NOTICE – MISUSE OF AI
On the 17 August 2026, the Solicitors Regulatory Authority for the Law Society of England and Wales issued a warning notice in relation to the use/misuse of AI in the provision of legal services by regulated firms and individuals.
The warning states they are concerned about two areas in particular.
- The first relates to court, or other, documents containing false or incorrect information, including citations, as a result of the misuse of AI. AI tools can produce ‘hallucinations’, generating fictitious cases, references or seemingly factual assertions that may appear convincing despite having no basis in fact.
- The second relates to regulated firms and individuals not fully considering and appropriately mitigating risks to client confidentiality when using AI systems, particularly in relation to clients’ personal data or other confidential information. Both paid for and free-to-use AI tools may not provide the contractual and technical safeguards needed to maintain client confidentiality. Firms should understand the safeguards that apply and ensure they are appropriate to the nature and sensitivity of the information being processed.
To read this warning notice in full see SRA | Misuse of AI – Warning notice | Solicitors Regulation Authority
EMPLOYMENT CONTRACTS DISCUSSED
In the recently published summer edition of the Parchment, Zoe Hughes Employment Law Solicitor has written an article exploring the legal developments impacting employment contracts and which are key for practitioners to be aware of.
She discusses employment contacts under the following headings: –
Mandatory Terms – mandatory terms under the Terms of Employment (Information) Act 1994 as amended (‘1994 Act) include renumeration, working hours, probationary period, leave, sick leave, persons and notice period.
Probationary Period – where a probationary period applies an employment contract must set out its duration and conditions. This probationary period must be compliance with the 1994 Act and for fixed term contracts must be in compliance with the Protection of Employees (Fixed Terms Work) Act 2023.
Remote Working Arrangements – whilst not a mandatory clause, are now a pervasive feature of many workplaces.
Sick Leave – mandatory clause the article discusses same.
Pensions – the article discusses the auto enrolment retirement savings scheme introduced by the Auto Enrolment Retirement Savings Scheme Act 2024.
Retirement age – great care must be taken when drafting any terms that relate to a mandatory retirement age. Zoe Hughes discusses the related legislation and recent case law.
To view this article in full, see Parchment Summer 2026 by 256 Content – Issuu pages 40-41.
INDIRECT DISCRIMINATION CASE
On the 5 August 2026, the Irish Legal News published an article stating a Co. Fermanagh mother who worked as a receptionist at the Westville Hotel, Enniskillen, has been awarded almost £20,500 by the Industrial Tribunal.
Anna Owens, who was supported by the Equality Commission, successfully brought an indirect sex discrimination case.
Before starting work at the hotel Ms Owens had verbally agreed a fixed three-day working week which enabled her to balance work with her childcare responsibilities. For more than 18 months, Ms Owens worked those agreed days with occasional changes. The tribunal found that this working pattern formed part of her contract of employment.
Following the appointment of a new general manager, Ms Owens was told that, in the interests of fairness to other staff, she would be required to work a fully flexible seven-day rota. She was the only receptionist with childcare responsibilities.
Ms Owens explained that she had a fixed hours agreement in place, and this change was not feasible with her childcare arrangements. She says the manager told her that her childcare needs were nothing to do with him and were her responsibility.
Despite raising her concerns and using the employer’s grievance process, her agreed working pattern was not permanently restored. As a result, she was unable to work some shifts, suffered a reduction in hours and earnings, and eventually resigned before bringing legal proceedings.
The tribunal found that requiring Ms Owens to work a fully flexible seven-day rota placed her at a particular disadvantage because of her childcare responsibilities. It concluded that this amounted to unlawful indirect sex discrimination as the employer failed to justify the requirement as a proportionate way of meeting legitimate business demands.
To view this article in full, see Industrial Tribunal awards woman over £20,000 in indirect discrimination case | Irish Legal News
UK SOLICITOR STRUCK OFF FOR BACKDATING LETTER
On the 27 August 2026 the Law Society of England and Wales published an article that a solicitor who backdated a document to make it appear it had been posted months before has been struck off the roll.
Syed Sibtain, a solicitor since April 2016, sent an email to opposing solicitors in October 2023 purporting to contain a copy of the original acknowledgement of service letter dated from July.
The opposing solicitors noted that the document properties showed it had been created in October 2023 and brought this to the attention of Sibtain’s firm.
Sibtain initially told an internal investigation that issues with his laptop could have led to the discrepancy.
Sibtain later changed his account after he could not locate an electronic copy of the letter, he claimed to have sent in July. This time, he claimed to have sent a recreated version of what he believed he had sent, which was purely for the opposing firm’s records.
Sibtain subsequently confirmed to the Solicitors Regulation Authority that he backdated the letter and tried to mislead his employer because he was afraid, he would lose his job.
He was struck off and ordered to pay £5,000 costs.
To view this article in full, see Solicitor who claimed to fear for his job as he backdated letter is struck off by SDT | Law Gazette
GOVERNMENT LAUNCHES FIRST ANTI MONEY LAUNDERING STRATEGY
On the 13 August 2026 the Law Society of Ireland, top stories published an article stating the Government has launched its first anti-money-laundering (AML) strategy, describing it as “a comprehensive plan to strengthen the State’s response to financial crime”.
The document sets out planned changes that include tighter rules on crypto-assets and crypto-currency transfers, measures to increase transparency on company ownership, and new disclosure requirements for limited partnerships and other corporate vehicle.
The strategy also includes strong supervision of financial institutions and sectors seen as particularly vulnerable to money-laundering, such as gambling.
The article states measures linked to beneficial ownership are currently being transposed by the Department of Finance, with legislation introducing three new registers:
- Register of Beneficial Ownership of Companies and Industrial and Provident Societies (based within the Companies Registration Office),
- Central Register of Beneficial Ownerships of Trusts (based within Revenue), and
- Beneficial Ownership Register of Certain Financial Vehicles (based within the Central Bank).
The Department of Finance will also seek to introduce mandatory disclosure of the ultimate beneficial owners and controllers of all limited partnerships, according to the strategy.
The department will also engage with interested parties on setting up a single point of access to property information, in line with article 18 of 6AMLD and relevant parts of the Anti-Money Laundering Regulation that must be in place by July 2029.
To view this article in full, see State targets crypto and gambling in AML strategy
UK LAW FIRM CENSURED FOR FAILURE TO PROPERLY SUPERVISE AN APPRENTICE
On the 17 August 2026, the Law Society of Ireland top stories published an article stating a west London law firm has been publicly censured by a district judge for regulatory and procedural failures in a family court case involving financial remedies.
Deputy District Judge Hales criticised Ash Solicitors, led by Ayesha Khan, for misleading the court, filing unsubstantiated claims regarding a client’s mental health, breaching confidentiality, and failing to supervise junior staff.
The judge stressed that errors by an apprentice reflected a failure by senior partners to ensure proper supervision of non-admitted staff.
To view this article in full, see London law firm censured by judge over failings